Disadvantaged Business Enterprise: Program Implementation Modifications, 65164-65165 [2012-26160]
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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Proposed Rules
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vapor recovery program will no longer
be providing emissions reductions as of
January 1, 2012. See section IV of this
notice. Turning off Stage II vapor
controls in future years increased the
2022 onroad motor vehicle VOC
emissions by 581 pounds per summer
weekday. This increase in onroad VOC
emissions increased the 2022 VOC
MVEB from 8.9 tpswd (previously
determined adequate) to 9.2 tpswd.
The NH DES utilized the MOVES2010
model to calculate on-road emissions of
VOC and NOX for the Southern NH 8hour nonattainment area. New
Hampshire is establishing motor vehicle
emissions budgets for the last year of the
Southern NH area’s 8-hour ozone
maintenance plan (year 2022) at 9.2
tpswd of VOC and 11.8 tpswd of NOX.
These on-road mobile source emissions
when added to emissions from all other
inventory sources (stationary, other
mobile (i.e., non-road, marine vessels,
airplanes, locomotives) and area
sources) result in year 2022 emissions
inventories lower than the year 2008
attainment emissions inventory. New
Hampshire is also establishing 2008
motor vehicle emissions budgets of 17.8
tpswd of VOC and 37.2 tpswd of NOX.
As part of its redesignation request,
NHDES has requested that EPA
withdraw the SIP-approved 2009
MVEBs prepared using MOBILE6.2 and
replace them with the submitted 2008
MVEBs prepared using MOVES2010.
The 2008 and 2022 adequate emissions
budgets, once approved by EPA, will
continue to be used for future
transportation conformity
determinations.
VII. Proposed Actions
EPA is proposing to approve (1) the
redesignation of the Southern New
Hampshire 8-hour ozone nonattainment
area from nonattainment to attainment
for the 1997 8-hour ozone NAAQS. EPA
has evaluated the State of New
Hampshire’s redesignation request and
is proposing to approve it as meeting the
redesignation requirements in section
107(d)(3)(E) of the CAA provided that
EPA finalizes approvals of emissions
inventories under section 182(a)(1),
certain RACT requirements, and New
Hampshire’s Vehicle I/M SIP revision.
The final approval of this redesignation
request would change the official
designation for the Southern New
Hampshire ozone nonattainment area
from nonattainment to attainment for
the 1997 8-hour ozone standard. EPA is
also proposing to approve the 175A
maintenance plan SIP revision for the
Southern NH 8-hour area, including the
2008 and 2022 MVEBs submitted by
New Hampshire. EPA is proposing to
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11:22 Oct 24, 2012
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withdraw the SIP-approved 2009
MVEBs prepared using MOBILE6.2 and
replace them with the new 2008 MVEBs
included in the maintenance plan. In
addition, in this notice EPA is
proposing to approve the 2008
comprehensive emissions inventory for
the Southern NH area under CAA
section 182(a)(1). EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
VIII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions do
not impose additional requirements
beyond those imposed by state law and
the CAA. For that reason, these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 15, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012–26210 Filed 10–24–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 26
[Docket No. OST–2012–0147]
RIN 2105–AE08
Disadvantaged Business Enterprise:
Program Implementation Modifications
AGENCY:
Office of the Secretary (OST),
DOT.
Notice of Proposed Rulemaking
(NPRM); Correction; Extension of
Comment Period.
ACTION:
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25OCP1
Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Proposed Rules
SUMMARY:
The Department is correcting
a notice of proposed rulemaking
(NPRM) published in the Federal
Register. In that document, the
Department proposed, among other
modifications, to change the Uniform
Report of DBE Commitments/Awards
and Payments form found in our
regulations. As this is an information
collection covered by the Paperwork
Reduction Act (PRA), the Department
should have included a discussion of
this collection in the ‘‘Paperwork
Reduction Act’’ section of the NPRM in
order to comply with the PRA’s
procedural requirements. Today, the
Department is correcting this omission
by including discussion of the Uniform
Report collection and providing the
public with 60 days from today to
comment both on this collection and all
other aspects of the NPRM. Thus, the
original end of the comment period,
November 5, 2012, has been extended
until December 24, 2012.
DATES: The comment period will close
December 24, 2012.
FOR FURTHER INFORMATION CONTACT: Jo
Anne Robinson, Office of General Law,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590, 202–366–6984,
joanne.robinson@dot.gov.
B of 49 CFR part 26. This information
collection is associated with OMB
Control Number 2105–0510, which had
expired during the drafting of the NPRM
and which the Department was in the
process of reinstating with this
rulemaking. However, the Department
inadvertently omitted discussion of this
information collection in the
‘‘Paperwork Reduction Act’’ section of
the NPRM.
Today, the Department is correcting
this omission in order to comply with
the procedural requirements of the PRA
and give the public adequate time to
comment on this collection. As part of
these requirements, the Department
must give the public 60 days to
comment on this proposed revised
information collection. In order to
prevent confusion between comments
about this collection and comments to
the NPRM in general, the Department
has decided to extend the comment
period for the NPRM as a whole until
60 days after today. Thus, the comment
deadline for all aspects of this NPRM is
December 24, 2012, meaning that the
Department has granted a 49-day
extension to the original comment
period. This extension is also consistent
with informal requests to extend the
comment period that the Department
has recently received.
SUPPLEMENTARY INFORMATION:
Correction
The Department is making the
following correction in FR document
number OST–2012–0147, appearing at
the bottom of the third column on page
54967 in the Federal Register of
Thursday, September 6, 2012 by adding
this additional item under the
‘‘Paperwork Reduction Act’’ section:
Background
erowe on DSK2VPTVN1PROD with PROPOSALS
On September 6, 2012, the
Department published a notice of
proposed rulemaking (NPRM) entitled,
‘‘Disadvantaged Business Enterprise:
Program Implementation Modifications’’
in the Federal Register (77 FR 54952).
In that NPRM, the Department
proposed various modifications of the
Disadvantaged Business Enterprise
(DBE) Program, including four proposed
modifications to existing and/or new
information collections. In the
Preamble, the Department also proposed
various modifications to the Uniform
Report of DBE Commitments/Awards
and Payments form found in Appendix
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Jkt 229001
5. Uniform Report of DBE Commitments/
Awards and Payments
As part of this rulemaking, the
Department is intending to reinstate the
information collection entitled,
‘‘Uniform Report of DBE Commitments/
Awards and Payments,’’ OMB Control
No. 2105–0510, consistent with the
changes proposed in this NPRM. This
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65165
collection requires that DOT Form 4630
be submitted once or twice per year by
each recipient having an approved DBE
program. The report form is collected
from recipients by FHWA, FTA, and
FAA, and is used to enable DOT to
conduct program oversight of recipients’
DBE programs and to identify trends or
problem areas in the program. This
collection is necessary for the
Department to carry out its oversight
responsibilities of the DBE program,
since it allows the Department to obtain
information from the recipients about
the DBE participation they obtain in
their programs.
In this NPRM, the Department
proposes to modify certain aspects of
this collection in response to issues
raised by stakeholders: (1) Creating
separate forms for routine DBE reporting
and for transit vehicle manufacturers
(TVMs) and mega projects; (2) amending
and clarifying the report’s instructions
to better explain how to fill out the
forms; and (3) changing the forms to
better capture the desired DBE data on
a more continuous basis, which should
also assist with recipients’ post-award
oversight responsibilities. This NPRM
also discusses criticisms raised by GAO
and, while not proposing to directly
change the form based on this input,
does request comment on the
advisability of doing so.
Frequency: Once or twice per year.
Estimated Average Burden per
Response: 5 hours per response.
Number of Respondents: 1,250. The
Department estimates that
approximately 550 of these respondents
prepare two reports per year, while
approximately 700 prepare one report
per year.
Estimated Burden: 9,000 hours.
Dated: Issued this 17th day of October,
2012 at Washington, DC.
Robert S. Rivkin,
General Counsel.
[FR Doc. 2012–26160 Filed 10–24–12; 8:45 am]
BILLING CODE 4910–9X–P
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]]>Agencies
[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Proposed Rules]
[Pages 65164-65165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26160]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 26
[Docket No. OST-2012-0147]
RIN 2105-AE08
Disadvantaged Business Enterprise: Program Implementation
Modifications
AGENCY: Office of the Secretary (OST), DOT.
ACTION: Notice of Proposed Rulemaking (NPRM); Correction; Extension of
Comment Period.
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[[Page 65165]]
SUMMARY: The Department is correcting a notice of proposed rulemaking
(NPRM) published in the Federal Register. In that document, the
Department proposed, among other modifications, to change the Uniform
Report of DBE Commitments/Awards and Payments form found in our
regulations. As this is an information collection covered by the
Paperwork Reduction Act (PRA), the Department should have included a
discussion of this collection in the ``Paperwork Reduction Act''
section of the NPRM in order to comply with the PRA's procedural
requirements. Today, the Department is correcting this omission by
including discussion of the Uniform Report collection and providing the
public with 60 days from today to comment both on this collection and
all other aspects of the NPRM. Thus, the original end of the comment
period, November 5, 2012, has been extended until December 24, 2012.
DATES: The comment period will close December 24, 2012.
FOR FURTHER INFORMATION CONTACT: Jo Anne Robinson, Office of General
Law, U.S. Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590, 202-366-6984, joanne.robinson@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2012, the Department published a notice of proposed
rulemaking (NPRM) entitled, ``Disadvantaged Business Enterprise:
Program Implementation Modifications'' in the Federal Register (77 FR
54952).
In that NPRM, the Department proposed various modifications of the
Disadvantaged Business Enterprise (DBE) Program, including four
proposed modifications to existing and/or new information collections.
In the Preamble, the Department also proposed various modifications to
the Uniform Report of DBE Commitments/Awards and Payments form found in
Appendix B of 49 CFR part 26. This information collection is associated
with OMB Control Number 2105-0510, which had expired during the
drafting of the NPRM and which the Department was in the process of
reinstating with this rulemaking. However, the Department inadvertently
omitted discussion of this information collection in the ``Paperwork
Reduction Act'' section of the NPRM.
Today, the Department is correcting this omission in order to
comply with the procedural requirements of the PRA and give the public
adequate time to comment on this collection. As part of these
requirements, the Department must give the public 60 days to comment on
this proposed revised information collection. In order to prevent
confusion between comments about this collection and comments to the
NPRM in general, the Department has decided to extend the comment
period for the NPRM as a whole until 60 days after today. Thus, the
comment deadline for all aspects of this NPRM is December 24, 2012,
meaning that the Department has granted a 49-day extension to the
original comment period. This extension is also consistent with
informal requests to extend the comment period that the Department has
recently received.
Correction
The Department is making the following correction in FR document
number OST-2012-0147, appearing at the bottom of the third column on
page 54967 in the Federal Register of Thursday, September 6, 2012 by
adding this additional item under the ``Paperwork Reduction Act''
section:
5. Uniform Report of DBE Commitments/Awards and Payments
As part of this rulemaking, the Department is intending to
reinstate the information collection entitled, ``Uniform Report of DBE
Commitments/Awards and Payments,'' OMB Control No. 2105-0510,
consistent with the changes proposed in this NPRM. This collection
requires that DOT Form 4630 be submitted once or twice per year by each
recipient having an approved DBE program. The report form is collected
from recipients by FHWA, FTA, and FAA, and is used to enable DOT to
conduct program oversight of recipients' DBE programs and to identify
trends or problem areas in the program. This collection is necessary
for the Department to carry out its oversight responsibilities of the
DBE program, since it allows the Department to obtain information from
the recipients about the DBE participation they obtain in their
programs.
In this NPRM, the Department proposes to modify certain aspects of
this collection in response to issues raised by stakeholders: (1)
Creating separate forms for routine DBE reporting and for transit
vehicle manufacturers (TVMs) and mega projects; (2) amending and
clarifying the report's instructions to better explain how to fill out
the forms; and (3) changing the forms to better capture the desired DBE
data on a more continuous basis, which should also assist with
recipients' post-award oversight responsibilities. This NPRM also
discusses criticisms raised by GAO and, while not proposing to directly
change the form based on this input, does request comment on the
advisability of doing so.
Frequency: Once or twice per year.
Estimated Average Burden per Response: 5 hours per response.
Number of Respondents: 1,250. The Department estimates that
approximately 550 of these respondents prepare two reports per year,
while approximately 700 prepare one report per year.
Estimated Burden: 9,000 hours.
Dated: Issued this 17th day of October, 2012 at Washington, DC.
Robert S. Rivkin,
General Counsel.
[FR Doc. 2012-26160 Filed 10-24-12; 8:45 am]
BILLING CODE 4910-9X-P
